PRIVACY POLICY
GymglishMarch 5th, 2024 v5.1

INTRODUCTION
The A9 Company (hereafter referred to as "TheCompany"), an SAS with a capital of 81,382 euros, isregistered with the Registry of Trades and Companiesof Paris under RCS Paris B 451 911 812. Its headquarters are located at 65 rue de Reuilly, 75012 Paris,
France - email address: support@gymglish.com. Its
EEC VAT number is FR10451911812. The Company
primarily provides online training services. The Company’s website publication manager is Benjamin Levy.
The Company places great importance upon the
security of personal data and commits to ensure its
protection under European and French standards relating to the processing of this data.
Explanatory comments in the right-hand columnof this document have no binding legal value; they
serve only to facilitate the overall comprehension of
the document, re-written in simpler terms.

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Explanatory comments:

Below you will find ourcommitments with regard to yourpersonal data.

UPDATESThe Company reserves the right to amend this document at any time.
If applicable, the revision number and date locatedat the top of this document will identify the version.
Each update will be published on our Site. Anychanges will take effect upon said publication.
By continuing to use the Site, the Services and/or
Applications, or by accessing them after an updateof our terms, you acknowledge and accept all of themodifications therein.
For translations, the reference document for interpretation shall be the original French, whose latest applicable version is available at the following address: https://www.gymglish.com/documents/
privacy-policy-fr-latest.pdf

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We reserve the right to change theterms of this document.

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DEFINITIONS

Subscription refers to placing the Service at a User’s
disposal for a fixed price and duration and, where appropriate, a maximum number of Lessons completed
by the User.

Strictly speaking, we are notselling Lessons but a Subscription
at a fixed price allowing access to
our Service during the
Subscription period.

Activation refers to The start date of the Subscription.
Listings refers to the service offer(s) proposed directly by a Seller to other Users via the Marketplace.

Listings are third party offers.

Application or mobile Application refers to a program designed and/or produced by the Company thatis downloadable and executable from the operating
system of a smartphone or tablet.

You can access our Service fromyour smartphone or tablet using
our Applications.

Client refers to an adult and able person or company who either accepts the Listing of a Seller on theMarketplace or purchases a Subscription on his own
account, or on behalf of one or more User(s).

The Client is the buyer.

Lesson refers to the content of the lesson, the content of the corrections and the content of any supplementary corrections tailored to each User.

Our Lessons are personalized.

Course refers to all of the Lessons completed byand tailored to each User.

Each User follows a personalized
learning Course.

Marketplace refers to a dedicated space on the Siteallowing for Listings by Sellers to be posted and viewed
by the Users.

Many Sellers offer Services on ourMarketplace

Provision refers to service offered directly to theUser by a Seller through a Listing on the Marketplace.

Provisions are offered directly by
third parties on the Marketplace.

Product refers to 1) one of the learning series service offers published by the Company, such as Gymglish,
Frantastique, Wunderbla, Hotel Borbollón, Saga Baldoria or Rich Morning Show, or 2) training programs
using Gymglish Studio technology operated by theCompany but whose content is published by third parties.

Product refers to our training
solutions.

2Service refers to for our Products (learning series
and Gymglish Studio) the delivery and correction of
personalized Lessons, provided by the Company, as
well as technical support to customers. For our Aimigo
courses, Service refers to the chat service with our artificial intelligence.

Our Service includes, in particular,
the sending and correction of
Lessons.

Site refers to the set of web pages managed by theCompany, including gymglish.com, gymglish.fr, frantastique.com, frantastique.fr, richmorning.com.

Site refers to all websites managed
by the Company.

Test refers to the testing of the Service, proposed
free of charge to the User for a limited period of time.

Our Test is free and withoutcommitment.

”User” or ”You” or ”They” refers either to someone who has created an account on the Marketplace,or a person who uses the Service. Each User may
subscribe to one or more Course.

The User is you.

Seller refers to an adult and able person or company
who uses the Marketplace and posts Listings viewable
by Users.

The Seller places Listings to offer
You his services.

Supervisor refers to, if applicable, the individual(s)responsible for monitoring Users for whose accountthe Client has subscribed to the Service.

The Supervisor is often a training
manager or human resourcesmanager.

Supervisor Space refers to a space on the Site forSupervisors where they can invite Users, purchase Subscriptions, and supervise the training of Users.

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LEGAL CONTEXTThe Company commits to keep its legal obligations interms of respecting personal data in France, the country in which it has its headquarters, namely:• The French Information and Liberties Law No.
78-17 of January 6, 1978 as amended by the
Law of August 6, 2004;• European Directive 95/46 of October 24, 1995,
regarding the protection of personal data andprivacy, transposed into French law by the Law
of August 6, 2004;• The French Law for Confidence in the Digital
Economy ("LCEN") No. 2004-575 of June 21,
2004 (Article L. 33-4.2 of the Post and Telecommunications Code and Article L. 121-20-5 of
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The Company is headquartered in
France and follows French andEuropean law relating to theprotection of personal data.

the Consumption Code) integrating into French
law Directive 2000/31/CE of June 8, 2000 on
Electronic Commerce and Directive 2002/58/CE
of July 12, 2002 on the Protection of Personal
Data and Privacy in Electronic Communications,amended by Directive 2009/136/CE of November 9, 2009.
• The European GDPR (General Data Protection
Regulation) rules
The processing of personal data implemented by
the Company is subject to a declaration to the CNIL
(declaration No. 1276610/0-A9) and the hosting of
this data is in Europe.

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WHAT TYPE OF PERSONALDATA THE COMPANY COLLECTS

4.1

Data disclosed by the User or Client

We receive, retain and process information that theUser or Client provides whenever they access our Services or use them, for instance, whenever:• they fill out a registration form for a Test;• they fill out a purchase form in the online store;• they use the Service;• they create an account on the Marketplace;• they communicate with the Company;• they sign their Lesson or send their photographto confirm their identity.
• they authorize access by the Company to dataof a third-party site (e.g. Facebook, Google orYahoo Mail address list, etc.). In this case, theCompany will obtain personal data disclosed by
the third-party site, within the limits authorized
by the User or Client and permitted by the settings defined on the third-party site.

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We retain the information you send
when using the Services.

4.2

Contact origin data

Whenever the User or Client signs up for a Test, purchases the Service of the Company or creates an account on the Marketplace through a partner site (hereafter referred to as ”the Partner”) or through a commercial link, the Company shall retain the information concerning the contact’s origin.

4.3

We retain the name of any
intermediary we may havecontacted.

Connection data

The Company shall also receive, retain and process:• connection data, i.e. information that is automatically saved by our servers when accessing
the Site or Service, such as the IP address, thedate and time of accessing the Site or Service,
the pages of the Site viewed and the order ofthese pages, etc.
• data sent by software used to access the Siteor service, such as the operating system, thebrowser version, the preferred user language or
the geographic region (since the latter is generally accessible through smartphones, especiallyallowing us to send lessons to the User within
the appropriate time zone.)

4.4

We may retain the data sent to us
by yourcomputer/browser/smartphone.

Cookies

The Company uses cookies and other similar technologies (hereafter referred to as ”Cookies”).
The Company uses its own Cookies, either in order to allow for the technical functioning of the Service or Site (for example, to remember a visitor’s preferred language on the Site), or to identify the User or
Client (for example, after a login to "My Account" orto the store).
However, the Company does not store any Cookie
allowing the identification of the User unless the User
has explicitely given his consent, except in the online
shop where a session cookie is required to store theinformation entered during successive stages of thepurchase, as well as cookies required by FrontApp
support chat (fcuid, fcaid, fccid).
Some generic cookies may also be used without
the user’s explicit consent, but none of them will allow the identification of the user, for example:• a possible cookie specifying a refusal on thepart of the user to use other cookies (example:
a9_cookie_control_prefs_= essentials)
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The Company uses cookies, whichis data placed onto your computerwhen visiting websites. Whenvisited again, your computer will
send this data to the server thatplaced it there. This will allow, forexample, to recognize you tofacilitate navigation or to offer you
targeted advertising.

• a possible language preference cookie to selectthe language in which to display our content(example: django_language= en)• a possible cookie indicating that the visitor has
already seen the ’before you leave’ notice of oursite (example: a9-beforeyouleave-popin= true)
to avoid repeating the display of said notice.
• a possible campaign cookie (generic and containing no information allowing the user to be
identified) allowing a user to be linked to a marketing campaign, which makes it possible, inparticular, to properly display the logo of ourpartners in the header of lessons and emails.
(example: registeredfrom= PARTNER) This cookie
is valid for a maximum of 45 days.
Lastly, cookies from third-party companies (forexample, from partners or service providers) may also
be installed when browsing the Site or when using theServices. In this case, the Company shall ensure thatthese third-party companies will strictly respect theInformation and Freedoms Law mentioned above andshall commit to implement the appropriate security
and protection measures for the confidentiality of thedata.
It is possible to configure your browser to refuse
the placement of the Company’s Cookies; such a modification therefore may alter the functionality of theCompany’s Site and Services. However, refusing theplacement of Cookies from third-party companies shouldhave no effect on the functionalities of the Company’s
Site or Services.
4.4.1

Google analytics

The Company uses Google Analytics, a website analysis service provided by Google that uses Cookies
when accessing our Sites and Services. Google details how it uses the data collected at the following
address:
https://www.google.com/policies/privacy/
partners/
You can disable Google Analytics here.
4.4.2

Cookies do not have access to thecontent of your computer.

Other third party cookies

Third parties who could install cookies on the User
computer when browsing the Site are listed in section
6.5.

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The Company uses Google
Analytics, a service by Google thatuses cookies as well.

4.5

Social networks

The Company may authorize the use of third-partysocial plugins ("social plugins" refers, for example,
to Facebook’s "like" button or Twitter’s "share" button, etc.). If a User or Client is connected to their
third-party account, this third party may access information relating to the Company’s Services (for example, Users may share the score of one of their Lessons
with their social network). The third-party personal
data protection charter will provide more information
about its practices in terms of data, especially about
the data it collects and how it uses it.

4.6

Referred friends data

Users or Clients may send their contacts, especiallyby sending an email or by copying a personalized linkon social networks, an invitation to try out the Service.
The person accepting the invitation shall then be considered as a member of the "Referred friends". The
Company shall apply the same respect for personal
data for Referred friends as that belonging to Users.

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OPT-IN AND COMMUNICATING WITH THE COMPANY

5.1

EmailsOpt-ins are agreements by Users or Clients prior tosending commercial communications (for example, toreceive promotional emails) from the Company or froma third-party Partner. The Company commits to respecting opt-ins affecting it and allowing the activation or refusal of these communications in the "My
Account" section of the Products.
Whenever the User or Client is signed up througha Partner, opt-ins affecting this Partner shall be managed, operated and updated by the Partner.

5.2

Notifications

It is possible to configure notifications sent by the mobile Application in the settings section of the Application and/or in the device settings.

5.3

If you use social networks, you canshare certain information withyour contacts.

Satisfaction survey

During or at the end of the Subscription, each User
may receive a satisfaction survey.
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We process all personal data thesame way, no matter where theycome from.

You can decide how to receive (ornot) our communications andnewsletters by checking thecorresponding boxes in the "My
Account" section.

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PROCESSING PERSONAL DATA

6.1

Principles

The Company mainly uses personal data in order to beable to promote and offer its Services. The Company
commits not to sell Users’ personal data. The Company also commits to never disclose personal data collected, namely email addresses and photographs if provided, except:

We commit not to sell yourpersonal data

• whenever personal data is required to operate
the Service (for example, with the Company’s
payment service providers when making a purchase, or when chatting with our artificial intelligence service);• whenever the User is not the Client, the Company may share with the Client certain personal
data (for example, the participation rate and level)of the User(s) for the account on which they
have subscribed to a Service; the Client may
then share this information with third parties(for example, with the PRO Gymglish & Teacher
offer, where teachers have access to educational
data about the User); the Client may also refuse
access to this data, if desired;• in certain cases provide by law, personal data
may be sent to legally authorized third parties
to access it upon specific request; especially, if
such a measure is necessary by law to protect
and/or defend the Company’s rights, to enforce
this charter, and/or to protect the rights and/orinterests of Users, Clients or those of the public;• whenever the User or Client signs up for a Testor purchases the Company’s Service through apartner site, the Company may share personal
information (last name, first name, email address, opt-in, etc.) with this Partner, which shall
only use this data under the opt-ins selected.
The Company shall ensure that these Partners strictly
follow the Information and Freedoms Law mentioned
above and shall commit to implement the appropriate
measures of security and protection of confidentialityof the data sent to them.

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By default, we will not share yourdata, especially your email
address. We may disclose it,
especially to operate the Service,or in certain cases as provided by
law.

6.2

Chat service with our artificial intelligence service

When the User uses the Company’s artificial intelligence chat service chat service, the User may share
their personal data.
The Company has its own artificial intelligence
technology hosted on its own servers located in Europe, but may also use the services of subcontractors
subcontractors (data processors as per GDPR regulations) for certain processing operations. When subcontractors are used, data exchanges will be securely
encrypted.
The Company may therefore include among its
subcontractors:• the company Open AI Ireland Limited (1st Floor,
The Liffey Trust Centre, 117-126 Sheriff Street
Upper, Dublin 1, D01 YC43, Ireland). OpenAI’s privacy policy https://openai.com/policies/
eu-privacy-policy concerning mainly live OpenAI technology users (such as ChatGPT), theCompany has signed a complementary "Data
Processing Addendum" with OpenAI OpCo LLC,
available at https://www.gymglish.com/documents/
2023-05-25-record-data-processing-agreementbetween-gymglish-and-openai.pdf so that
OpenAI’s commitments as a data processor incompliance with GDPR rules and regulations
are fully explicit and compliant with the General Data Protection Regulation https://openai.
com/policies/business-terms.
• Microsoft Azure OpenAI Service https://learn.
microsoft.com/legal/cognitive-services/
openai/data-privacy
The Company reminds Users that it does not sell,rent or give away Users’ personal data nor for any
other non-educational purpose. The Company may,
however, use data collected during the use of the chatservice powered by artificial intelligence to enhancethe educational features of the Service. Access to conversation data will be restricted to those involved in
the Service enhancement projects.
In general (and not only with the Company’s Services), the Company invites the Company’s Services)to be attentive to data shared with artificial intelligence.

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It is thanks to a specific agreement
between the Company and OpenAIthat we guarantee that processing
is in compliance with GDPR rules
and regulations.

6.3

Sharing data with Supervisors

When the User is not the Client, the Company canshare with Clients and possible Supervisors the educational data related to the Service. When the Client
is a higher education establishment or entity whose
head office is in France or Canada, the sharing of educational data is authorized by default.
In other cases, the Supervisor must obtain authorization from the User in advance in order to accessthe educational data.

6.4

Sharing data with Partners

When Partners are also involved in training Users aspart of the Service (typically a language school as partof "blended learning" hybrid training), the Company
may share the educational data related to the Service
with these Partners.

6.5

Outsourced processing

The Company informs its Users and Clients that processes listed below require personal data sharing. They
are outsourced, only for the reasons indicated, to providers
who are themselves GDPR compliant.
Data exchanges between the Company and its suppliers are cryptographically secured by https or TLS.

• Adyen, Simon Carmiggeltstraat 6-50, 1011 DJ,
Amsterdam, Netherlands: credit card payment
service provider. https://www.adyen.com/
policies-and-disclaimer/privacy-policy

We commit only to work withthird-party providers who are
GDPR compliant.

• Alipay (Europe) Limited S.A., 11-13 Boulevardde la Foire, L-1528 Luxembourg, Luxembourg:
online payment provider. https://render.
alipay.com/p/f/agreementpages/alipayglobalprivacypolicy.
html• Amazon AWS Europe: cloud storage provider
and database host of the Company. https://
aws.amazon.com/en/privacy/• Appannie, 52-56bis rue de la Victoire 75009
Paris, France: application usage tracking provider.
https://www.appannie.com/en/legal/privacy/• Apple: Apple Pay payment service provider.
https://www.apple.com/legal/privacy/

10• Atsukè, 2 rue des Quatre-fils 75003 Paris, France:
uses phone numbers to send promotional SMS.
https://ams.atsuke.com/home/mentionslegales• Branch, 195 Page Mill Rd Suite 101, Palo Alto,
CA 94306, United States : analyze the data fromour mobile apps : https://legal.branch.
io/#branchio-ts-cs• CIC SA, 6 avenue de Provence 75009 Paris,
France: SEPA direct debit payment service provider.
https://www.monetico-paiement.fr/fr/informationslegales.html• Dropcontact, STATION F, 5, Parvis Alan Turing, 75013 Paris-France: business intelligenceand prospecting provider. https://en.dropcontact.
io/protectiondesdonnees• Exalog SAS, 97 rue de Bellevue, 92100 Boulogne
Billancourt, France: SEPA direct debit payment
service provider. http://www.exalog.com/
en/gdpr-faq• Facebook: login provider (facebook login), social media, facebook pixel and custom audiences.
https://www.facebook.com/about/privacy• Facebook Ads/Instagram Ads, Willow Road 1601Menlo Park, CA 94025 United States. Collects
traffic and conversion data to display the most
relevant ads on Facebook and Instagram https://m.facebook.com/privacy/explanation/• Front App, Inc. 550 15th St. - San Francisco- CA 94103 - United States: technical provider
for our customer support. https://frontapp.
com/privacy-policy• Google: login provider (google login), google
ads, google marketing platform (doubleclick.net),speech synthesizer, speech recognition and Google
Pay payment service provider. https://policies.
google.com/privacy• Google Optimize: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Web analysis and testing tool. https://policies.
google.com/privacy?hl=en• InnoCraft Ltd (NZBN 6106769), 150 Willis St,
6011 Wellington, New Zealand: collects analysis of data about visits to the Sites in order to11identify and monitor misuse among other things.
https://www.innocraft.com/privacy• LinkedIn Ireland Unlimited Company, Wilton
Plaza, Wilton Place, Dublin 2, Ireland: provides data collection and analysis about visits
to the sites (LinkedIn Insight Tag). https://www.linkedin.com/legal/privacy-policy• Mangopay SA, 10 boulevard Royal, L-2449 Luxembourg: payment service provider for marketplaces. https://www.mangopay.com/privacy• Mediahuis, Katwilgweg 2 2050 Antwerpen, Belgium: media group doing data insight analysis
on visitors of the different Mediahuis entities
and domains. https://www.mediahuis.be/en/privacy-policy/• Micropayment GmbH, Scharnweberstrasse 69,
D-12587 Berlin, Germany: SEPA direct debit
payment service provider. https://www.micropayment.
de/about/privacy/?lang=en• Microsoft Ads, One Microsoft Way, Redmond,
WA 98052-6399, United States. Collects traffic and conversion data to display the most relevant ads on the bing search engine https://about.ads.microsoft.com/en-us/resources/
policies/microsoft-advertising-privacypolicy• Microsoft Azure OpenAI Service https://learn.
microsoft.com/legal/cognitive-services/
openai/data-privacy• Microsoft Clarity, Microsoft Ireland Operations
Limited, One Microsoft Place, South County
Business Park, Leopardstown, Dublin 18, D18
P521, Ireland: collects data on clicks made andrecords sessions https://privacy.microsoft.
com/en-US/privacystatement• Mixmax, 512 2nd St, San Francisco, CA 94107,
United States: direct mailing provider. https://mixmax.com/legal/privacy-policy• Online SAS, 8 rue de la ville l’Evêque - 75008
PARIS, France: backup database host of theCompany. https://www.scaleway.com/en/
privacy-policy/• Open AI Ireland Limited (1st Floor, The Liffey Trust Centre, 117-126 Sheriff Street Upper,
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Dublin 1, D01 YC43, Ireland) : artificial intelligence provider for the Company. https://openai.com/policies/business-terms, /urlhttps://openai.com/policies/euprivacy-policy and above all GDPR-data-processingaddendum.pdf• OVH SAS, 2 rue Kellermann - 59100 Roubaix,
France: backup database host of the Company.
https://us.ovhcloud.com/legal/privacypolicy• PayPal Europe, S.C.A., 22-24 Boulevard Royal
L-2449, Luxembourg: Paypal payment service
provider. https://www.paypal.com/uk/webapps/
mpp/ua/privacy-full• Phantombuster, 22, rue Pierre et Marie Curie 94200 Ivry-sur-Seine, France: business intelligence and prospecting provider. https://hub.
phantombuster.com/page/terms-of-service• Pipedrive OÜ, Paldiski mnt 80, Tallinn, 10617,
Estonia: customer relationship management provider.
https://www.pipedrive.com/en/privacy• Rackspace Ltd, 5 Millington Road, Hyde Park
Hayes, Middlesex, UB3 4AZ, Great Britain: servers
host of the Company. https://www.rackspace.
com/information/legal/privacystatement• RevenueCat Inc., 1032 E Brandon Blvd #3003
Brandon, FL 33511, United States : analyze thedata from our mobile applications.. https://www.revenuecat.com/privacy/• Ringover Group SAS, 50 bis rue Maurice Arnoux,
92120 Montrouge, France: corporate phone services. https://www.ringover.com/privacy• Squadata, 5 Imp. Morel, 69003 Lyon. Uses
email addresses for email retargeting https://www.squadata.net/private-policy/• Smartlook, Šumavská 524/31, Veveří, 602 00
Brno, Czech Republic: collects data on number of clicks and records sessions on mobile
apps. https://help.smartlook.com/docs/
privacy-policy• Swello, 14 Rue Hoche, 83000 Toulon, France:collects data from our various social network
pages (Facebook, Twitter, LinkedIn and Instagram) for analysis and statistical purposes (community, profiles of our subscribers, etc.) https://swello.com/en/privacy
13• TikTok Ads, 10100 Venice Blvd, Culver City,CA 90232, United States: Collects traffic andconversion data to display the most relevant ads
on the TikTok and Pangle networks. https://ads.tiktok.com/i18n/official/policy/privacy• Vimeo, Inc., 555 West 18th Street, New York,New York 10011 United States : online video
streaming. https://vimeo.com/privacy• Yesware, Inc., 75 Kneeland Street, 15th Floor,
Boston, MA 02111, United States: business intelligence provider. https://www.yesware.
com/privacy• Zappier, Inc. 548 Market St nr 62411, San Francisco, CA 94104-5401, United States: services
automation provider. https://zapier.com/
privacy

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HOW LONG THE COMPANYRETAINS PERSONAL DATA

Personal data is stored and retained for the durationnecessary to complete the purposes for which they
are collected, under applicable law. Thus, financial
and educational data is retained indefinitely. This willallow the Service to be resumed after a possible interruption, even a long one. The Company also commitsthat:• All Cookies placed by the Company onto browsers
are created for a timespan requested of less than
thirteen months;

The retention time for data varies
depending on their usefulness.

• Login data serving mainly to identify any potential operating problems (e.g. history files of
logging into the Company’s web servers) aredeleted at the latest one year after being collected.

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HOW TO ACCESS PERSONALDATA

The law gives all Users, Clients and all Referred friends
the right to access, correct, delete and revoke consent
to processing of their personal data. Modifying personal data (last name, first name, country, email address) belonging to the User or Clients may be performed in the "My Account" section.
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Any User may delete or modify
personal data pertaining to themby contacting the Company.

The Company does not have any dedicated DPO(Data Protection Officer) because it does not handle
sensitive data.

8.1

Portability

The data related to the Services of the Company are
by nature not very portable. However, a synthetic
view of the pedagogical data is available in the "My
Account" section and can be downloaded as a set of
web pages.

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HOW TO DELETE PERSONALDATA

It is possible at any time to request full deletion ofyour personal data by asking support@gymglish.com
or by writing to the following address: A9 SAS - Service des données personnelles, 65 rue de Reuilly-75012 Paris.

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SECURITY

The Company is particularly careful about payment
data security.
Payments are managed and secured by certified
PCI DSS suppliers using SSL technology (Secure Socket
Layer) for encrypting payment information during transactions over the network. This ensures the safety andconfidentiality of payment information.
The Company never keeps the credit card information of its Clients.

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Your payments are secured byaccredited and certified providers.

HOST

The host of the Company is Rackspace GmbH, LuiseUllrich-Str. 20 80636 Munich, Germany. The comThe host of the Company is thepany Rackspace is certified ISO/ IEC 27001, ISO 14001,
company Rackspace GmbH in
ISO 9001, SOC 1 (SSAE 18), SOC 2, SOC 3, PCI
Germany.
DSS Level 1 FedRAMP JAB P-ATO, NIST 800-53,
FISMA, NIST 800-171 (DFARS), CJIS, ITAR, FIPS
140-2, HITRUST HIPAA, HITECH, Swiss-US Safe
Harbor, CDSA, SAS 70 Type II, Privacy Shield and
Safe Harbor: see https://www.rackspace.com/compliance.
Rackspace can be reached by phone on +44 20 3131 6381.

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